emotional man gesturing and yelling at his partner

Domestic Violence Attorney in Toms River

If you’re facing domestic violence charges in Toms River, it’s crucial to comprehend the situation’s gravity and the potential impact on your life. You don’t have to deal with domestic violence charges alone. A skilled domestic violence defense lawyer in Toms River can help defend your rights and pursue the best possible outcome for your situation.

At William Proetta Criminal Law, we know how upsetting it can be to face criminal charges related to domestic violence, and it’s natural to worry about how it could impact your future. We handle these cases regularly, treating every client with compassion and sensitivity.

What Is Considered Domestic Violence in NJ?

Domestic violence can be an element of a wide range of offenses. They typically involve physical, emotional, or psychological harm or threats of harm against a spouse, former spouse, partner, family member, or someone with whom the accused has a close personal relationship.

The New Jersey Prevention of Domestic Violence Act lists specific offenses, including:

Kidnapping or false imprisonment
Harassment
Stalking
Assault
Sexual assault
Burglary
Robbery
Criminal mischief
Homicide

What Happens After You Are Accused of Domestic Violence in Toms River?

After an accusation of domestic violence in Toms River, the legal process starts and includes several steps, including:

Initial police response – If an alleged domestic violence incident occurs, the alleged victim or a witness often contacts law enforcement. Police will arrive, assess the situation, separate the parties, and question them to gather initial statements. If law enforcement believes there is probable cause to suspect domestic violence, they may arrest the accused immediately.
Restricting contact between parties – An alleged victim may seek a temporary restraining order (TRO) to provide immediate protection by restricting the accused’s contact with the alleged victim. A judge or hearing officer typically reviews the application and issues a TRO if they believe there is an immediate need for protection. The TRO may include prohibitions on contacting the alleged victim, visiting shared premises, and possessing firearms.
Permanent restrictions between parties – After a TRO is issued, the court schedules a hearing, usually within 10 days, to decide whether to grant a final restraining order (FRO). The judge will review the evidence. If the judge grants the FRO, it can include more permanent restrictions on the accused’s contact with the alleged victim, residence access, and child custody arrangements.
Potential criminal charges – The accused may face criminal charges related to the alleged domestic violence incident involving a separate legal process. This time-consuming process can affect your emotional and financial well-being, adding further stress.

Potential Penalties for a Domestic Violence Conviction

The penalties for a domestic violence conviction in New Jersey depend on the nature and severity of the offense. Potential consequences include:

Incarceration – Depending on the severity of the offense, a conviction can result in jail or prison time.
Fines – Convictions may involve significant fines, potentially in the thousands of dollars.
Criminal record – A domestic violence conviction can leave you with a permanent criminal record, impacting employment, housing, and other aspects of life.
Loss of specific rights – Individuals convicted of domestic violence charges may lose their right to own firearms and, in severe cases, their parental rights, affecting family life.

Your Rights After a Domestic Violence Charge in Toms River, NJ

Staying informed and knowledgeable about your rights can protect your best interests during this stressful time. You retain certain rights when facing domestic violence accusations, including:

Right to an attorney – You have the right to legal representation. Our skilled domestic violence defense lawyer can help explain the charges and potential penalties while laying out your best legal strategy for seeking a favorable outcome.
Right to a fair hearing – If a judge issues a TRO, you have the right to present evidence and testimony to defend yourself. Our domestic violence defense attorney can advocate for you during this hearing.
Right to remain silent – You have the right to remain silent and avoid self-incrimination. Law enforcement can use any of your statements against you, so it’s best to avoid any comments that could directly or indirectly incriminate you.

Potential Defenses for Domestic Violence Charges in Toms River, NJ

A successful defense against domestic violence charges requires a thorough examination of the facts, evidence, and circumstances surrounding the accusation.

Potential defenses include:

Lack of evidence – The prosecution must prove the domestic violence charges beyond a reasonable doubt. A domestic violence lawyer in Toms River from William Proetta Criminal Law can challenge the evidence presented, question witness credibility, and argue for dismissal.
Constitutional rights violations – Police officers and prosecutors must follow the law and refrain from violating your rights as they bring domestic violence cases. If the police conducted an unlawful search, failed to provide a Miranda warning, or used coerced statements during the investigation, for example, our attorney can fight to suppress this evidence, potentially weakening the state’s case.
Self-defense – Acting out of self-defense to protect yourself from harm is a valid defense against domestic violence allegations. Our lawyer can present evidence to show that your actions were necessary and reasonable in response to an immediate threat.
Consent – In certain cases, actions taken with the alleged victim’s consent may not constitute domestic violence. Our Toms River criminal defense attorneys can explore whether consent existed under the circumstances and how it affects the charges.
False accusations – In some cases, the accuser may fabricate claims out of anger, revenge, or to gain an advantage in custody or divorce proceedings. Our domestic violence defense attorney can gather evidence to argue inconsistencies in the accuser’s story and prove the accusations lack credibility.

How Our Toms River Domestic Violence Defense Attorney Can Help You

It can be overwhelming to face a domestic violence charge, but skilled legal help is available to support you during this difficult time. Our Toms River domestic violence law office can help you at every step of the way, including by:

Challenging restraining orders – If you’re under a TRO, we can represent you at the hearing to challenge the issuance of a final restraining order.
Building a strong defense – We can thoroughly investigate the facts, gather evidence, and develop a defense strategy tailored to your circumstances to contest the charges.
Negotiating for a more favorable outcome – In some cases, negotiating with the prosecution could result in reduced or dropped charges or lesser penalties. We can explore every option to seek the best possible outcome.
Supporting your future – Beyond legal guidance, we offer support and reassurance during this stressful time, helping you make informed decisions about your future.

Are you interested in what sort of experience previous clients have had with our law firm? Check out our many positive client reviews, such as one from Luis Martinez, who writes, “I am delighted to share my positive experience with the outstanding legal services provided by William Proetta. Mr. Proetta’s expertise, dedication, and strategic approach were instrumental in achieving a successful outcome in my case. From the moment I engaged William Proetta as my lawyer, I was impressed by his professionalism, attention to detail, and commitment to securing the best possible results for me.”

At William Proetta Criminal Law, we know how to defend against domestic violence charges. Don’t let these charges define your future. Our experienced Toms River domestic violence lawyers will stand by your side and aggressively protect your rights throughout your domestic violence case.

Contact us now for a free initial consultation. The consultation is totally confidential and comes with no further obligations for you. We serve clients in Toms River, Ocean County, and throughout New Jersey.